City laws targeted by bill

Legislation would affect Martinsburg ordinances prohibiting guns

March 12, 2013

MARTINSBURG - A bill passed by West Virginia's House of Delegates could prevent tenants at the Caperton Train Station and Market House from stopping anyone from bringing a gun into their businesses, Kin Sayre, the city's attorney, said in a telephone interview Monday.

"People could be prevented from carrying guns into City Hall because of the police department and municipal court, but any tenant renting from a city or county could no longer prevent people from coming into their office with a gun," Sayre said. "Other than employees, the city would not be able to tell someone they can't bring a gun onto city property like the water and sewer plant and the street department."

Monday, the House of Delegates passed House Bill 2760, creating a uniform regulation of firearms, ammunition and firearm accessories, by a vote of 94-4.

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As stated in the bill, the intent of the legislation "is to establish within the Legislature complete control over regulation and policy pertaining to firearms, ammunition and firearm accessories in order to ensure that such regulation and policy is applied uniformly throughout this state to each person subject to the state's jurisdiction and to ensure protection of the right to keep and bear arms recognized by the constitutions of the United States and of this state. This section is to be liberally construed to accomplish its purpose."

Continuing, HB2760 states that its general rule is as follows:

Except as otherwise provided in this article or as expressly authorized by a statute of this state, the Legislature hereby occupies and preempts the entire field of regulation in this state touching in any way upon firearms, ammunition and firearm accessories to the complete exclusion of any order, ordinance or rule promulgated or enforced by any political subdivision of this state.

The authority of a political subdivision to regulate firearms, ammunition or firearm accessories may not be inferred from its proprietary authority, home rule status or any other inherent or general power.

Any existing or future orders, ordinances or rules promulgated or enforced in violation of this section are null and void.

Martinsburg council passed an ordinance in 2008 banning guns from city offices like city hall and from properties owned by the city, such as Caperton Train Station and the Market House.

The old B&O Hotel has been remodeled to accommodate several floors of office suites. The building also serves as the station for the MARC commuter train and Amtrak and is home to the "for the kids, by George" children's museum, for which dedication ceremonies are scheduled May 11.

The Market House, at the corner of West Burke and North Queen streets, houses offices and Habanero Mexican Grill restaurant.

In January 2011, the West Virginia Citizens Defense League filed a suit in federal court for the Northern District of West Virginia charging Martinsburg's ordinance prohibiting guns from city property as unconstitutional. In the suit, WVCDL argued that the city's ordinance violated both the U.S. and West Virginia constitutions as well as state statutes.

In September 2011, U.S. District Judge John Preston Bailey abstained from hearing the case, ruling that while WVCDL has the right to bring the suit in federal court, the case should first go through the state judicial system.

WVCDL appealed Bailey's decision to the U.S. 4th Circuit Court of Appeals in November 2011, but the appeals court denied the appeal, sending the case back to West Virginia's courts.